IN
THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Cr. Bail Appln. No. S – 516
of 2021
Applicant : Mst. Deeba W/o
Abdul Razak, Makrani
Through Mr. Muhammad
Shakeel Lakho, Advocate
Respondent : The
State
Through Mr. Aftab Ahmed Shar, Additional PG
for State
Dated of
hearing: 27.09.2021
Date of order : 27.09.2021
O R D E
R
AMJAD ALI SAHITO, J – Through
this bail application, the applicant/accused seeks post-arrest bail in Crime
No.197 of 2021 registered at Police Station ‘B’ Section Khairpur
for an offence punishable under Section 9(c) Control of Narcotics Substances
Act, 1997. The bail plea of the applicant/accused has been declined by learned Ist. Additional Sessions Judge/MCTC),
Special Judge for (CNS) Khairpur vide order dated 17.07.2021.
2. Precisely the facts of
the prosecution case are that on 01.07.2021 complainant ASI Mureed
Hussain Pitafi lodged the
report on behalf of State at P.S ‘B’ Section Khairpur,
stating therein that on the date of incident, he along with his subordinate
staff each PC Javed Ali, PC Sajad
Ali were on patrolling in the jurisdiction, when they reached on National
Highway heading towards Shah Hussain, suddenly they
saw a woman going towards southern side, carrying a green colour
plastic bag and on seeing the police she tried to escape in the western side
date-palm trees, she was apprehended and the plastic bag was taken from her
custody, due to non-availability of private persons, PC Javed
Ali and PC Sajjad Ali were appointed as mashirs, on enquiry she disclosed her name as Mst. Deeba W/o Abdul Razak Makrani, R/o Nawabshah (SBA), her personal search was got conducted from
a passerby lady, from her possession cash of Rs.300/- were secured, whereas, on
searching the plastic bag it was found containing 2000 grams of Opium, which
was immediately sealed at the spot and such mashirnama of arrest and recovery
of Opium was prepared in presence of the mashirs. Thereafter the
apprehended lady accused along with contraband Opium was brought at Police
Station, where the FIR was registered on behalf of the State.
3. It is contended by
learned counsel that the applicant/accused is innocent and has falsely been
implicated in this case by the complainant infact no
such recovery of contraband Opium has been affected from the applicant/accused;
that the alleged Opium has been foisted upon the applicant/accused by the
police; that there is no independent eyewitness or mashir
of the alleged recovery; that the witnesses and mashirs
are police officials, therefore, their version cannot be believed as
trustworthy and confidence inspiring; that there is delay of five days in
sending the alleged contraband Opium to the Chemical Examiner Rohri for analysis. In support of his contentions, he has
relied upon the case of Gul Hassan vs. The State (2019 P Cr. L J 957 [Balochistan]). He lastly prayed that the
applicant/accused may be enlarged on bail.
4. Learned Additional PG appearing
for the State prayed for dismissal of instant bail application by contending
that the applicant/accused was apprehended and 2000 grams of Opium were secured
from her possession and the entire contraband Opium was sent to the Chemical
Examiner, whereas, the report of the Chemical Examiner is in positive. In support
of his contentions, he has relied upon the case of Noor Khan vs. The State (2021
SCMR 1212).
5. I have heard the learned
counsel for the applicant/accused, learned Additional PG for the State and
perused the record. As per the contents of the FIR, the police party while
patrolling in the jurisdiction of police station ‘B’ Section Khairpur apprehended the applicant/accused along with a
plastic bag and on search of the said plastic bag 2000 grams of Opium was
secured from her possession. The police has immediately sealed the entire
recovered Opium and sent the same to the Chemical Examiner for analysis and the
report of the Chemical Examiner is in positive. The version of the complainant
is fully supported by the witnesses in their 161 Cr.P.C
statements. I am also fortified by case of Noor Khan (supra). The offence with
which the applicant/accused is charged is against the society, therefore, in
such circumstances, the applicant/accused has not been able to make-out a case
for grant of bail. Consequently, the instant bail application being devoid of
merits is dismissed. The case law relied upon by learned counsel for the
applicant/accused relates to the sending of the contraband with delay to the
Chemical Examiner, whereas, in the present case there is no delay in sending
the contraband to the Chemical Examiner, hence the same cannot be relied upon.
6. The observations made
hereinabove are tentative in nature and will not prejudice the case of either
party at the trial.
Judge
ARBROHI